Jeff Smalley 

Smalley LLC 

2112 180th St. 

Boone, IA 50036 

August 7, 2015 

U.S Department of Transportation 

Docket Management System 

1200 New Jersey Ave. SE 

Washington, DC 20590 

RE: Exemption Pursuant to Section 333 

To whom it may concern, 

I am seeking relief from the following 14 CFR’s 

1. 91.7(a) 

2. 91.199(c) 

3. 91.121 

4. 91.151(a) 

5. 91.405(a) 

6. 91.407(a)(1) 

7. 91.409(a)(1) and (2) 

8. 91.417(a) and(b) 

I am requesting relief from the CFR’s for my unmanned aircraft systems (UAS) application. The 

UAS I would like relief to fly is the Phantom2 Vision+ quad copter and the Ag Eagle Rapid these 

would be great platforms to launch into the UAS market. My area of operations would be the upper 

Midwest. States included Minnesota, North Dakota, South Dakota, Nebraska, Kansas, Illinois, Iowa, 

Indiana, Missouri, and Ohio. I would concentrate mainly on agriculture but would like to also be 

able to do real estate in the down times. I would be happy to provide any additional information 

necessary on either of these models, but realize that similar requests have been granted on both 

models. 

I have been a private pilot since 1996 and have accumulated over 5000 hours. During this time I 

have earned my Instrument, Commercial, CFI, MEI and have operated as a Part 135 pilot. I am a 

certified Airframe and Power Plant mechanic since 1996. As a charter pilot I have worked with the 

local Flight Standards District Office to maintain my currency through IFR 6 month check rides. I 

became a charter pilot in 2001 and have logged over 4000 hours of flying charter. As a charter pilot 

I had to stay current and proficient on all aspects of flight rules and regulations. I am an amateur RC 

pilot and have logged 100’s of hours doing this. 

I have done aerial photography for over 15 years for real estate and agricultural. It has always been 

a challenge to get low enough and remain within FAA air safety regulations to get the picture that 
the client wants. I have heard of many close calls with planes stalling due to target fixation. I feel 

this is where a UAS will excel. With the ability to fly the drone at a lower altitude and slower speeds, 

this will allow the operator to get the target done quickly, quieter without exposing pilots or the 

public to any dangers. 

My main concern is safety and to promote an up and coming industry. 

The UAS is quieter and does not use a combustion engine to contaminate the atmosphere. I look 

forward to being on the fore front of bringing the UAS to the commercial market. 

Below are the regulations I am seeking relief from and reason:

91.7(a) There are no FAA regulations that address airworthiness for an UAS. This being said there 

will be a pre and post flight inspection to make sure it is airworthy. 

91.119(C) All flights will be done below 300 feet and no closer than 500 feet from people or objects. 

91.121 An on board GPS will produce an accurate altitude in feet that will be transmitted to the 

operator. 

91.151 (a) Before the flight a power check will be completed to insure there is enough for the 

planned operations with reserve of 20 percent for unexpected issues. 

91.405 (a) There are no FAA regulations that address airworthiness for an UAS. This being said 

there will be a pre and post flight inspection to make sure it is airworthy. 

91.407(a)(1) This regulation does not apply to a UAS. 

91.417(a) (b) This regulation does not apply to a UAS. 

I will gladly comply with any new regulations as they are introduced. 

These are the items I feel I need to be more through in definition: 

1. Operations authorized by this grant of exemption are limited to the following aircraft described 

in the operating documents which is a quad-rotor aircraft weighing less than 3 pounds: PHANTOM 

2 Vision+ and AG Eagle Rapid Unmanned Aircraft System. Proposed operations of any other aircraft 

will require a new petition or a petition to amend this grant. 

2. The UAS will not exceed 30 knots and this speed will be monitored through the UAS controller or 

display device. 

3. The UA must be operated at an altitude of no more than 300 feet above ground level (AGL), as 

indicated by the procedures specified in the operating documents. All altitudes reported to ATC 

must be in feet AGL. 

4. The UA must be operated within visual line of sight (VLOS) of the pilot in command (PIC) at all 

times. This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate. 
5. A secondary person or visual observer (VO) will be used to aid the UAS operator to help stay 

clear of any obstructions and to warn if there is a chance of the operator from losing visual 

coverage. This team will help secure the UAS is operated in the most safe and efficient manner as 

possible. All communications will be done verbally. The VO will also follow the rule of using human 

vision unaided by any device other than corrective lenses. The PIC must be designated before flight 

and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that 

the visual observer can perform the functions prescribed in the operating documents. 

6. The operating documents and this grant of exemption must be accessible during UAS operations 

and made available to the Administrator upon request. If there is a discrepancy exists between the 

conditions and limitations in this exemption and the procedures outlined in the operating 

documents, the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the documents. It is the operator’s responsibility to track such 

revisions and present updated and revised documents to the Administrator upon request. The 

operator must also present updated and revised documents if he petitions for extension or 

amendment to this grant of exemption. If the operator determines that any update or revision 

would affect the basis upon which the FAA granted this exemption, then the operator must petition 

for amendment to its grant of exemption. The FAA UAS Integration Office (AFS-80) may be 

contacted if questions arise regarding updates or revisions to the operating documents. 

7. Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the 

inspection reveals a condition that affects the safe operation of the UAS, the UAS is prohibited from 

operating until the necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight. The Ground Control Station must be included in the preflight inspection. 

8. Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. 

replacement of a flight critical component, must undergo a functional test flight. The PIC who 

conducts the functional test flight must make an entry in the aircraft records. 

9. The preflight inspection section in the operating documents must account for all discrepancies, 

i.e. inoperable components, items, or equipment, not already covered in the relevant sections of the 

operating documents. 

10. The Operator must follow the UAS manufacture’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. 

11. The operator must carry out its maintenance, inspections, and record keeping requirements, in 

accordance with the operating documents. Maintenance, inspection, and alterations must be noted 

in the aircraft records, including total flight hours, description of work accomplished, and the 

signature of the authorized person returning the UAS to service. 

12. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 

13. The authorized person must make an entry in the aircraft record of the corrective action taken 

against discrepancies discovered between inspections. 

14. UAS operations must be conducted by a PIC possessing at least a private pilot certificate and at 

least a current third-class medical certificate. The PIC must also meet the flight review 

requirements specified in CFR 61.56 in an aircraft in which the PIC rated on his or her pilot 

certificate. 
15. Prior to operations conducted for the purpose of aerial videography/cinematography and 

augmenting real estate listing videos (or similar operations), the PIC must have accumulated and 

logged, in a manner consistent with 14 CFR 61.5(b), a minimum of 25 hours of total time as a UAS 

rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior 

documented flight experience that was obtained in compliance with applicable regulations may 

satisfy this requirement. Training, proficiency, and experience-building flights can also be 

conducted under this grant of exemption to accomplish the required flight time. However, said 

training operations may only be conducted during dedicated training sessions. During training, 

proficiency, and experience-building flights the PIC is required to operate the UAS with the 

appropriate distance in accordance with CFR 91.119. 

16. Prior to operations conducted for the purpose of aerial videography/cinematography and 

augmenting real estate listing videos (or similar operations), the PIC must have accumulated and 

logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 hours as UAS pilot operating 

the make and model of the UAS to be used in operations under the exemption; 5 hours make and 

model may be included in the 10 hours of multi-rotor time prescribed above. The PIC must 

accomplish 3 take-offs and landings in the preceding 90 days (for currency purposes). Training, 

proficiency, experience-building, and take-off and landing currency flights can be conducted under 

this grant of exemption to accomplish the required flight time and 90 day currency. However, said 

training operations may only be conducted during dedicated training sessions. During training 

proficiency, and experience-building flights the PIC is required to operate the UA with appropriate 

distance in accordance with 14 CFR 91.119. 

17. The operator may not permit the PIC to operate the UAS for the purpose of aerial 

videography/cinematography and augmenting real estate listing videos(or similar operations), 

unless the PIC has demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the 

ability to safely operate the UAS in a manner consistent with how the UAS will be operated under 

the exemption, including evasive and emergency maneuvers and maintain appropriate distance 

from people, vessels, vehicles and structures. 

18. UAS operations may not be conducted during night, as defined in 14 CFR 1.1. All operations 

must be conducted under visual meteorological conditions (VMC). 

19. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a 

current FAA-published aeronautical chart. 

20. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a 

cloud or when visibility is less than 3 statute miles from the PIC. 

21. If the UA loses communications or loses its GPS signal, it must return to a pre-determined 

location within the planned operating area and land or be recovered in accordance with the 

operating documents. 

22. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 
23. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather 

conditions) there is enough power to fly at normal cruising speed to the intended landing point and 

land the UA with 30% battery power remaining. 

24. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations under this grant of exemption. This COA 

will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in 

advance, but not less than 48 hours prior to the operation. 

25. All Aircraft operated in accordance with this exemption must be identified by serial number, 

registered in accordance with 14 CFR part 47, and have identification (N-number) marking in 

accordance with 14 CFR part 45, Subpart C. Markings must be large as practicable. 

26. Before conducting operations, the radio frequency spectrum used for operation and control of 

the UA must comply with the Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements. 

27. The documents required under 14 CFR 91.9 and 91.203 must be available to the PIC at the 

Ground Control Station of the UAS anytime the UAS is operating. These documents must be made 

available to the Administrator or any law enforcement official request. 

28. The UA must remain clear and yield the right of way to all manned aviation operations and 

activities at all times. 

29. The UAS may not be operated by the PIC from any moving devices or vehicle. 

30. The UA may not be operated over congested or densely populated areas. 

31. Flight operations must be conducted at least 500 feet from all nonparticipating person, vessels, 

vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons from UA 

and/or debris in the event of an accident. The operator must ensure that nonparticipating persons 

remain under protection. If a situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such 

vessels, vehicles, vehicles or structures has granted permission and the pic has made a safety 

assessment of the risk of operating closer to those objects and determined that it does not present 

an undue hazard, and; 

c. Operations nearer to the PIC, VO, operator trainee or essential persons do not present an undue 

hazard to those persons per FAR 91.119(a). 
32. All operations shall be conducted over private or controlled-access property with permission 

from the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to be conducted. 

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of 

the operational area as defined by the applicable COA must be repeated to the FAA’s UAS 

Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site 

www.ntsb.gov. 

If more information or documentation is needed to approve this exemption, please contact me at 

515.231.0333 

Thank you. 

Jeff Smalley 

Smalley Aircraft LLC 

2112 180th St. 

Boone, IA 50036 

Ph.515.231.0333